Appeals court: Brunswick partially liable in prop accident

Capt'n Chris · Jun 1, 2011

Brunswick partially liable in prop accident
Posted on 01 June 2011 Every boater's worst nightmare!

The Fifth Circuit Court of Appeals last week affirmed a decision....
http://www.tradeonlytoday.com/home/514150-appeals-court-brunswick-partially-liable-in-prop-accident

scipper77 · Jun 1, 2011

Re: Appeals court: Brunswick partially liable in prop accident

:facepalm:

aspeck · Jun 1, 2011

Re: Appeals court: Brunswick partially liable in prop accident

What is next, catchers on the front of cars so people don't lay under the dangerous wheels of vehicles? Or how about stops that don't allow a door to close completely because someone might not realize they could get hurt if they got a finger, foot, hand, arm, etc caught in slamming door? :facepalm: is right!

sschefer · Jun 1, 2011

Re: Appeals court: Brunswick partially liable in prop accident

One of the reasons we see so little common sense is because there's a campagin to eliminate the need for it by those that don't have a clue what it is.

WIMUSKY · Jun 1, 2011

Re: Appeals court: Brunswick partially liable in prop accident

McDonalds and hot coffee all over again.............. And we wonder why poeple have no faith in the judicial system....

Limited-Time · Jun 1, 2011

Re: Appeals court: Brunswick partially liable in prop accident

"The driver put the boat in reverse to stop its forward motion and backed over Brochtrup."

What more need be stated???:facepalm::facepalm::facepalm:

sschefer · Jun 1, 2011

Re: Appeals court: Brunswick partially liable in prop accident

I liked the part they didn't report in depth. It took three appeals/jury selections to finally find 13 people with no common sense.. My question is, why was that so hard. I could have picked 13 just driving to work this morning.

BlkY2k · Jun 1, 2011

Re: Appeals court: Brunswick partially liable in prop accident

So, if you get out of my car and walk around back and I back over you then the manufacturer is responsible????????

scipper77 · Jun 1, 2011

Re: Appeals court: Brunswick partially liable in prop accident

BlkY2k said:
So, if you get out of my car and walk around back and I back over you then the manufacturer is responsible????????

They are only responsible if there was no backup warning system.

Don S · Jun 1, 2011

Re: Appeals court: Brunswick partially liable in prop accident

Enough of this sign to go around to a lot of the judicial system,
including some of these jurors they find.

Boomyal · Jun 1, 2011

Re: Appeals court: Brunswick partially liable in prop accident

You can thank the Trial Lawyers for this and who do you think the Trial Lawyers support that allow them to continue to set these liablility standards????

If a jury is given instructions by the court on how to judge these issues, they would.

sschefer · Jun 1, 2011

Re: Appeals court: Brunswick partially liable in prop accident

I had a converstation with a couple of folks about this. The conclusion is that the safer we make the world the more likely it is that people will die doing stupid things. Don's sign pretty much sums it up.

wifisher · Jun 1, 2011

Re: Appeals court: Brunswick partially liable in prop accident

Bubba1235 said:
Now wait a minute, I would certainly like to see the guard that they showed the jury that didn't cause a loss in performance. If it exists then just maybe they were right.

The appeals court decision includes upholding the jury finding that an unguarded propeller was ?unreasonably dangerous and defectively designed.? That jury finding necessarily included determining that a guard would prevent the injury and would not adversely affect the use of the boat or engine, Brochtrup?s lawyer Robby Alden said.

?The parties collectively spent over a million dollars testing the guard, and the jury heard substantial evidence from all experts,? Alden said in an e-mail to Soundings Trade Only

Not saying it's good or bad but if you have ever pulled a skier you know a prop strike is every drivers worst fear.

For a million bucks, I'll build you two of em. Just in case you have twin engines.

Bondo · Jun 2, 2011

Re: Appeals court: Brunswick partially liable in prop accident

Bubba1235 said:
Now wait a minute, I would certainly like to see the guard that they showed the jury that didn't cause a loss in performance. If it exists then just maybe they were right.

The appeals court decision includes upholding the jury finding that an unguarded propeller was ?unreasonably dangerous and defectively designed.? That jury finding necessarily included determining that a guard would prevent the injury and would not adversely affect the use of the boat or engine, Brochtrup?s lawyer Robby Alden said.

?The parties collectively spent over a million dollars testing the guard, and the jury heard substantial evidence from all experts,? Alden said in an e-mail to Soundings Trade Only

Not saying it's good or bad but if you have ever pulled a skier you know a prop strike is every drivers worst fear.

Ayuh,... I suppose you always boat in Weed Free waters,..??

Those Prop-Guards are pure Bullship....

The only 1 Stupider than the operator of that boat, is the Jury....

hrdwrkingacguy · Jun 2, 2011

Re: Appeals court: Brunswick partially liable in prop accident

People are really screwing with natural selection in the last 15 years...If the dumb ones die off the world would be a much better place...Parents put their kids in armor to ride bikes with training wheels...As a minors softball coach we aren't aloud to tell little buffy she's out, we have to say "that's three"...She looks at us at the plate and says "three what", and just stands there...I completely agree with George Carlin...All of this crap is leading to the pussification of our society...This idea of protecting everyone from everything, is going to get worse...I miss the good old days when the kid that ate the most marbles didn't live to procreate...WTF is wrong with our society now a days...

Someone actually sued mcdonalds for making them fat!!!! WTF!!!!!

TilliamWe · Jun 2, 2011

Re: Appeals court: Brunswick partially liable in prop accident

So there are three parties involved, operator, victim, and manufacturer? Fact, all 3 do "something" wrong? Yet the manufacturer, who was not present, nor in control of the situation, was deemed over 50% liable? That is faulty math, and bad claims adjustment my friends.

hrdwrkingacguy · Jun 2, 2011

Re: Appeals court: Brunswick partially liable in prop accident

imho its 100% the fault of the person that jumped in the water...i've had over the years a couple life jackets fall in the water from the back seat or the swim platform drying out, and the kids are the only ones at the time with jackets on so they offer to go get them...I always stop, turn off the engine and tell them when its ok to go in after them...That being said, the kids know absolutely they don't jump off the boat with the engine even idling...

dwco5051 · Jun 2, 2011

Re: Appeals court: Brunswick partially liable in prop accident

Sort of reminds me of the note written on a jail cell wall;

"Please help me. I am being tried by 12 people too dumb to know how to get out of jury duty:

JRJ · Jun 2, 2011

Re: Appeals court: Brunswick partially liable in prop accident

sschefer said:
I liked the part they didn't report in depth. It took three appeals/jury selections to finally find 13 people with no common sense.. My question is, why was that so hard. I could have picked 13 just driving to work this morning.

Sad but true :facepalm:

SS MAYFLOAT · Jun 2, 2011

Re: Appeals court: Brunswick partially liable in prop accident

How come the manufacture of the fasterner holding the ski rope to the boat wasn't involved? If it had not failed, butthead would not have jumped into the water to fix it. ''

The more we idiot proof things, the smarter the idiots get.....

Appeals court: Brunswick partially liable in prop accident

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